Loading...
If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 1244. Development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(Ord. 58-01. Passed 5-29-01; Ord. 79-12. Passed 9-10-12.)
For a general or final development plan, the Planning Commission shall either:
(a) Approve the development plan as submitted;
(b) Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to:
(1) General Development Plan. General lot layout, open space arrangement, or on-site control of access to streets.
(2) Final Development Plan. Improvements to the yard layout, open space arrangement, on-site control of access to streets or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments.
(c) Table the development plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan; or
(b) Deny the development plan when the application does not demonstrate that the required standards have been met. The Planning Commission shall state the reasons for its denial.
(Ord. 58-01. Passed 5-29-01; Ord. 79-12. Passed 9-10-12.)
In reviewing the application, the Planning Commission may find that a final development plan either adheres to or is equivalent to the requirements of this Planning and Zoning Code.
(a) The Planning Commission may consider elements of a final development plan to be equivalent to a requirement if:
(1) The proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
(2) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
(3) The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(b) It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this section have been satisfied. A finding of equivalency shall require a unanimous vote of the members for the Planning Commission present. When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01; Ord. 79-12. Passed 9-10-12.)
An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development.
(a) The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of the Planning Commission. A request for such a transfer or change of ownership shall be presented to the Planning Commission and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan.
(b) After the approval of the development plans, including the approval of improvements for business, office and industrial properties as set forth in Section 1244.07, the applicant shall obtain a zoning permit and building permit prior to construction.
(c) All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the zoning permit.
(d) No zoning permit for a dwelling unit in a subdivision or cluster project shall be issued until signed documents establishing the legal entity responsible for common areas and facilities are submitted to the Zoning Enforcement Officer.
(e) No certificate of occupancy shall be issued unless all facilities and improvements that are included on the approved plans are provided, except as otherwise permitted in Section 1226.05(d).
(f) Approval of final development plan does not absolve developer of responsibility for compliance with the City's Building Codes, the Ohio Fire Codes, ADA requirements, or any other governmental laws and regulations.
(Ord. 58-01. Passed 5-29-01; Ord. 79-12. Passed 9-10-12; Ord. 44-13. Passed 5-13-13.)
An approved development plan shall remain valid for a period of 12 months following the date of its approval, unless Council has entered into a developer's agreement with the applicant, in which case the development plan shall be valid for the period of time noted in such agreement.
(a) General Development Plan. If, at the end of that time, a final development plan has not been submitted to the Planning Coordinator, then approval of the general development plan shall expire and shall be of no effect unless resubmitted. Re-approval upon resubmission shall be in accordance with the laws of the City existing at the time of resubmission. Applicants may apply for one 12-month extension. See Section 1244.09(f)(5).
(b) Final Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
(c) Phased Development. An approved general development plan for phased development shall remain valid, provided not more than 12 months lapses between the completion of the building construction of one phase and submission of a final development plan for the subsequent phase.
(Ord. 58-01. Passed 5-29-01; Ord. 79-12. Passed 9-10-12.)